HomeMy WebLinkAbout20190905.tiffPlanner: Kim Ogle
Case Number: USR18-0114
LAND USE APPLICATION
SUMMARY SHEET
PRELIMINARY
Hearing Date: February19,2019
Applicant: Black Mountain Land Company, LP c/o Cureton Midstream LLC
c/o Anne Best Johnson, Tetra Tech Denver, 1560 Broadway Suite 1400, Denver CO 80202
Request: A Site Specific Development Plan and a Special Review Permit for Mineral Resource
Development Facilities, Oil and Gas Support and Service including (Four (4) gas
compressors, a Conex container or small building to store spare parts and material storage
and a small motor control center building and related equipment), and up to four (4)
construction office trailers and six (6) conex containers for use during the construction of the
facility in the A (Agricultural) Zone
Legal SUBX18-0037 being part of the NW4 of Section 1, Township 4 North, Range 64 West of the
Description: 6th P.M., Weld County Colorado
Location: South of and adjacent to County Road 36 section line; east of and adjacent to County
Road 77 section line
Size of Parcel: 10 +/- acres Parcel Number: 1219-09-0-00-002
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld County Code.
The Department of Planning Services' staff has received responses with comment from the following
agencies:
Weld County Department of Public Health and Environment, referral dated December 4, 2018
Weld County Department of Public Works, referral dated Decemer 18, 2018
The Department of Planning Services' staff has received responses without comment from the following
agencies:
Southeast Weld Fire District, referral dated November 16, 2018
Colorado Parks and Wildlife referral dated November 19, 2018
Weld County Zoning Compliance, referral dated November 27, 2018
Weld County Sheriff's Office, referral dated December 4, 2018
The Department of Planning Services' staff has not received responses from the following agencies:
History Colorado
Weld County Building Inspection
Weld County Office of Emergency Management
USR18-0114 Cureton Midstream LLC — Black Creek Compressor Facility, page 1
SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
Planner: Kim Ogle
Case Number: USR18-0114 Hearing Date: February19,2019
Applicant: Black Mountain Land Company, LP c/o Cureton Midstream LLC
c/o Anne Best Johnson, Tetra Tech Denver, 1560 Broadway Suite 1400, Denver CO 80202
Request: A Site Specific Development Plan and a Special Review Permit for Mineral Resource
Development Facilities, Oil and Gas Support and Service including (Four (4) gas
compressors, a Conex container or small building to store spare parts and material storage
and a small motor control center building and related equipment), and up to four (4)
construction office trailers and six (6) conex containers for use during the construction of the
facility in the A (Agricultural) Zone.
Legal SUBX18-0037 being part of the NW4 of Section 1, Township 4 North, Range 64 West of the
Description: 6th P.M., Weld County Colorado
Location: South of and adjacent to County Road 36 section line; east of and adjacent to County
Road 77 section line
Size of Parcel: 10 +/- acres Parcel Number: 1219-09-0-00-002
Narrative:
Cureton Midstream LLC is in the process of expanding operations in Weld County, Colorado. The expansion
project will include adding compressors and interconnecting pipelines for the purpose of gathering raw
natural gas and preparing it for compression and insertion into commercial sales pipelines. This
application only addresses the Black Creek compressor station. Additional USR permit applications will
be submitted for any future compressor stations, gas processing plants, and pipelines. The unmanned
compressor station will be located on a ten acre leased parcel developed for the facility. The facility will be
fully fenced and the area inside the fence will be graveled. The area outside the fence will be re -vegetated with
native grasses.
THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE
APPROVED FOR THE FOLLOWING REASONS:
1. The submitted materials are in compliance with the application requirements of Section 23-2-260 of the
Weld County Code.
2. It is the opinion of the Department of Planning Services' staff that the applicant has shown compliance
with Section 23-2-220 of the Weld County Code as follows:
A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other applicable
code provisions or ordinance in effect.
USR18-0114 Cureton Midstream LLC — Black Creek Compressor Facility, page 2
Section 22-2-20. G.2. A. Policy 7.2 states "Conversion of agricultural land to nonurban residential,
commercial and industrial uses should be accommodated when the subject site is in an area that
can support such development, and should attempt to be compatible with the region"
The land that Cureton Midstream, LLC is proposing to convert to industrial use is non -irrigated land
that is located in a rural area. There are pipelines and associated improvements proposed for this
facility.
Section 22-2-20.H A.Goal 8. States "Ensure that adequate services and facilities are currently
available or reasonably obtainable to accommodate the requested new land use change for more
intensive development."
The proposed facility will be unmanned, with bottled water and port -a -lets utilized during construction
and removed post construction. Access to the facility is via an approved access point from County
Road 386.
Section 22-2-20.1 A.Goal 9. states "Reduce potential conflicts between varying land uses in the
conversion of traditional agricultural lands to other land uses."
The proposed facility is located on land being converted to an industrial use is currently non -irrigated
land located more than one -mile any residence not associated with the ranch.
Section 22-2-20.1.5 A.Policy 9.5. states "Applications for a change of land use in the agricultural
areas should be reviewed in accordance with all potential impacts to surrounding properties and
referral agencies. Encourage applicants to communicate with those affected by the proposed land
use change through the referral process."
The property is not within a recognized Geologic Hazard Flood Heard, MS4 area or Airport Overlay
Districts. Local and State referral agencies were contacted for their comments concerning this
proposed facility and as appropriate, their comments have been included in the staff
recommendation as a condition of approval or a development standard. Planning staff has not
received any correspondence or telephone calls concerning this application.
Section 22-5-100.A.2 OG.Policy 1.2 states "Oil and gas support facilities which do not rely on geology
for locations should locate in commercial and industrial areas, when possible, and should be subject
to review in accordance with the appropriate sections of this [Weld County] Code."
The proposed Black Creek Compressor Station site is located in a sparsely populated area of the
County where there is developing oil and gas development. The site will utilize piping to bring gas to
the facility, thereby limiting truck traffic on area roads. While construction of the site will generate
some impacts because of the extra activity and trips to the site, once the facility is constructed, the
site and the impacts on the surrounding land will be minimal.
Section 22-5-100.B.6 OG.Policy 2.6. states "Promote the safety of all citizens and structures
that are in relatively close proximity to oil and gas facilities."
The applicant will be required to create and obtain approval from the Southeast Weld Fire
Protection District and Weld County Office of Emergency Management of an Emergency Action
Plan for the facility. The applicant indicates they have been in contact the Fire District to inform
them about the project and coordinate with them on an emergency action plan. An Emergency
Information Sheet will be distributed to the District every year with updated information.
Oil and gas development in the County is an integral part of the County economy and has a
substantial direct and indirect impact on current and future land use. Oil and gas development is
cyclical, but the economics of energy suggests sustained levels of exploration and extraction in the
USR18-0114 Cureton Midstream LLC — Black Creek Compressor Facility, page 3
County for the next twenty (20) years.
Cureton is a business that is in the midstream segment of the natural gas industry. As part of its
business, Cureton gathers natural gas via pipelines for processing and transmits final products to
customers via pipelines. In Weld County, Cureton operates an expanding network of gathering
pipelines as well as gas processing plants. The DJ Basin area has seen rapid expansion as new
drilling technologies are allowing more oil and gas to be produced. As a result, gas gathering and
processing capacity needs to be expanded in order to meet the growing production. To meets these
needs, Cureton is proposing, the Black Creek compressor station necessitated by the need to move
larger volumes of gas due to the increases in drilling activity and projected additional production
increases anticipated by producers. The proposed compressor will be sited on a 10 acre Subdivsion
Exemption parcel for oil and gas support and service.
This proposal has been reviewed by the appropriate referral agencies and it has been determined that
the attached Conditions of Approval and Development Standards ensure that there are adequate
provisions for the protection of the health, safety and welfare of the inhabitants of the neighborhood
and County, and will address and mitigate impacts on the surrounding area due to the construction of
this facility.
B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A (Agricultural) Zone
District. Section 23-3-40.A.2 of the Weld County Code provides for Mineral Resource Development,
Oil and Gas Support and Service and Section 23-3-40.K allows one (1) or more microwave, radio,
television or other communication transmission or relay tower over seventy (70) feet in height per Lot
as a Use by Special Review in the A (Agricultural) Zone District.
Agriculture in the County is considered a valuable resource which must be protected from adverse
impacts resulting from uncontrolled and undirected business, industrial and residential land uses..
The A (Agricultural) Zone District is ntended to provide areas for the conduct of Uses by Special
Review which have been determined to be more intense or to have a potentially greater impact
than uses Allowed by Right. The A (Agricultural) Zone District regulations are established to
promote the health, safety and general welfare of the present and future residents of the County.
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses.
The proposed Black Creek Compressor Station is located in an area of the County used primarily for
dryland agriculture and pasture land and already contains various oil and gas operations and facilities.
The existing site is surrounded by two irrigated enter pivots, dryland agricultural fields and very few
residents. By keeping the proposed compressor footprint small (approximately 10 -acres), Cureton
intends that surrounding agricultural areas will not be affected by the compressor station's presence.
Once the construction is completed, the contractor laydown yard/parking area that was disturbed will
be reseeded with a native seed mix.
The impact from light onto adjacent properties will be minimized. The lights that will be on site, will be
manually turned on by an operator when needed. No security lighting is proposed, however, shielding
for the manual outdoor lights is proposed to help mitigate any light pollution that may occur during
those times an operator needs to access the facility at night.
Noise impacts from the facility will be reduced by enclosing equipment within buildings and providing
acoustical insulation. Noise generated by this facility will not exceed the residential noise standards
listed in the County Code.
There are three (3) property owners on eleven (11) parcels within five hundred feet of this facility with
the nearest residence located more than one mile from the proposed facility, Planning staff has not
received any telephone calls or letters of correspondence concerning this land use application.
USR18-0114 Cureton Midstream LLC — Black Creek Compressor Facility, page 4
In the unlikely event operations cease at the Black Creek Compressor Station, Cureton will remove
the equipment in accordance with COGCC regulations. Where possible, materials will be reused or
recycled. Where required, materials for disposal will be removed by a licensed contractor and
transported to a disposal site. Cureton will comply with all COGCC regulations concerning site
restoration.
D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future development
of the surrounding area as permitted by the existing zoning and with the future development as
projected by Chapter 22 of the Weld County Code and any other applicable code provisions or
ordinances in effect, or the adopted Master Plans of affected municipalities.
The site is not within a three mile referral area of a municipalty or a County.
E. Section 23-2-220.A.5 -- The application complies with Section 23-5 of the Weld County Code.
The property is not within a recognized overlay district for the Geologic Hazard Flood Haard, MS4
area or Airport Overlay Districts.
The site is also within the County -wide Road Impact Fee Area. Building Permits issued on the lots will
be required to adhere to the fee structure of the County -wide Road Impact Fee, County Facility Fee
and Drainage Impact Fee Programs.
F. Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve prime agricultural
land in the locational decision for the proposed use.
This proposed facility is located on a single leasehold parcel secured through a Subdivision
Exemption for oil and gas support and service. The proposed facility is sited on lands that are
designated as "Other Land" on the Important Farmlands of Weld County map dated 1979.
G. Section 23-2-220.A.7 -- The Design Standards (Section 23-2-240, Weld County Code), Operation
Standards (Section 23-2-250, Weld County Code), Conditions of Approval and Development
Standards ensure that there are adequate provisions for the protection of health, safety, and welfare
of the inhabitants of the neighborhood and County.
This recommendation is based, in part, upon a review of the application materials submitted by the applicant,
other relevant information regarding the request, and responses from referral entities.
1. Prior to recording the USR map:
A. A Final Drainage Report and Certification of Compliance stamped and signed by a Professional
Engineer registered in the State of Colorado is required. (Department of Public Works)
B. During construction, a Road Maintenance Agreement is required at this location. Road maintenance
includes, but is not limited to, dust control and damage repair to specified haul routes. (Department of
Public Works)
C. The applicant shall submit a recorded copy of any agreement signed by all of the owners of the
property crossed by the access. The access shall be for ingress, egress, utilities and shall be
referenced on the USR map by the Weld County Clerk and Recorder's Reception number.
(Department of Public Works)
D. The USR map shall be amended to delineate the following:
1. All sheets of the USR map shall be labeled USR18-0114. (Department of Planning Services)
USR18-0114 Cureton Midstream LLC — Black Creek Compressor Facility, page 5
2. The attached Development Standards. (Department of Planning Services)
3. The USR map shall be prepared in accordance with Section 23-2-260.D of the Weld County
Code. (Department of Planning Services)
4. County Road 386 is a gravel road and is designated on the Weld County Functional Classification
Map as a collector road which requires 80 feet of right-of-way at full buildout. The applicant shall
delineate and label on the site map or plat the future and existing right-of-way (along with the
documents creating the existing right-of-way) and the physical location of the road. All setbacks
shall be measured from the edge of right-of-way. This road is maintained by Weld County.
(Department of Public Works)
5. County Road 34 Section Line is shown to have 30 feet of unmaintained section line right-of-way
per the Weld County GIS right-of-way map. The applicant shall delineate the existing right-of-way
on the site plan. Show and label the section line Right -of -Way as "CR 34 Section Line Right -Of -
Way, not County maintained." All setbacks shall be measured from the edge of right-of-way.
(Department of Public Works)
6. County Road 77 Section Line is shown to have 30 feet of unmaintained section line right-of-way
per the Weld County GIS right-of-way map. The applicant shall delineate the existing right-of-way
on the site plan. Show and label the section line Right -of -Way as "CR 77 Section Line Right -Of -
Way, not County maintained." All setbacks shall be measured from the edge of right-of-way.
(Department of Public Works)
7. Show and label the approved access locations, approved access width and the appropriate
turning radii (60') on the site plan. The applicant must obtain an access permit in the approved
location(s) prior to construction. (Department of Public Works)
8. Show and label the approved tracking control on the site plan. (Department of Public Works)
9. Show and label the entrance gate if applicable. An access approach that is gated shall be
designed so that the longest vehicle (including trailers) using the access can completely clear the
traveled way when the gate is closed. In no event, shall the distance from the gate to the edge of
the traveled surface be less than 35 feet. (Department of Public Works)
10. Show and label a 30 -foot minimum access and utility easement to provide legal access to the
parcel on the site plan. (Department of Public Works)
11. Show and label the accepted drainage features. Stormwater ponds should be labeled as
"Stormwater Detention, No -Build or Storage Area" and shall include the calculated volume.
(Department of Public Works)
12. Show and label the drainage flow arrows. (Department of Public Works)
13. Show and label the parking and traffic circulation flow arrows showing how the traffic moves
around the property. (Department of Public Works:
2. Prior to Construction:
A. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required.
(Department of Public Works)
USR18-0114 Cureton Midstream LLC — Black Creek Compressor Facility, page 6
3. Prior to Operation
A. The applicant shall develop an Emergency Action and Safety Plan with the Office of Emergency
Management and the Fire District. The plan shall be reviewed on an annual basis by the Facility
operator, the Fire District and the Weld County Office of Emergency Management. Submit evidence of
acceptance to the Department of Planning Services. (Department of Planning Services)
4. Upon completion of Conditions of Approval No.1. above the applicant shall submit a Mylar USR map along
with all other documentation required as Conditions of Approval. The Mylar USR map shall be recorded in
the office of the Weld County Clerk and Recorder by Department of Planning Services' Staff. The USR
map shall be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County
Code. The Mylar USR map and additional requirements shall be submitted within one hundred twenty
(120) days from the date of the Board of County Commissioners resolution. The applicant shall be
responsible for paying the recording fee. (Department of Planning Services)
5. The Department of Planning Services respectfully requests a digital copy of this "Use by Special Review",
as appropriate. Acceptable format is a projected ESRI shapefile (.shp, .shx, .dbf, .prj) with a defined
coordinate system (i.e., NAD 1983 UTM Zone 13N, WGS 1984, NAD 1983 HARN StatePlane Colorado
North FIPS 0501 (US Feet)....etc.).Thisdigitalfilemaybesenttomaps@co.weld.co.us. (Department of
Planning Services)
6. In accordance with Weld County Code Ordinance #2012-3, approved April 30, 2012, should the USR map
not be recorded within the required one hundred twenty (120) days from the date of the Board of County
Commissioners resolution a $50.00 recording continuance charge shall be added for each additional 3
month period. (Department of Planning Services)
7. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the
property until the Special Review USR map is ready to be recorded in the office of the Weld County Clerk
and Recorder. (Department of Planning Services)
SITE SPECIFIC DEVELOPMENT PLAN
USR18-0114 Cureton Midstream LLC — Black Creek Compressor Facility, page 7
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Cureton Midstream C LLC
Black Creek Compressor Station
USR18-0114
1. A Site Specific Development Plan and a Special Review Permit, USR18-0114, for Mineral Resource
Development Facilities, Oil and Gas Support and Service including (Four (4) gas compressors, a Conex
container or small building to store spare parts and material storage and a small motor control center
building and related equipment), and up to four (4) construction office trailers and six (6) conex containers
for use during the construction of the facility in the A (Agricultural) Zone, and subject to the Development
Standards stated hereon. (Department of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County
Code. (Department of Planning Services)
3. This is an unmanned facility. (Department of Planning Services)
4. The facility will operate 24 hours per day 365 days per year. (Department of Planning Services)
5. All signs shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of the
Weld County Code. (Department of Planning Services)
6. The applicant or operator shall comply with the approved Decommissioning Plan.
7. The property owner or operator shall provide written evidence of an approved Emergency Action and
Safety Plan on or before March 15th of any given year signed by representatives for the Fire District and
the Weld County Office of Emergency Management to the Department of Planning Services.
9. The property owner or operator shall be responsible for controlling noxious weeds on the site, pursuant to
Chapter 15, Article I and II, of the Weld County Code. (Department of Public Works)
10. The access to the site shall be maintained to mitigate any impacts to the public road, including damages
and/or off -site tracking. (Department of Public Works)
11. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Department of Public Works)
12. Any work that may occupy and or encroach upon any County rights -of -way or easement shall acquire an
approved Right -of -Way Use Permit prior to commencement. (Department of Public Works)
13. The Property Owner shall comply with all requirements provided in the executed Road Maintenance
Agreement. (Department of Public Works)
14. Access will be along unmaintained County right-of-way and maintenance of the right-of-way will not be the
responsibility of Weld County. (Department of Public Works)
15. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public
Works)
16. Weld County is not responsible for the maintenance of onsite drainage related features. (Department of
Public Works)
USR18-0114 Cureton Midstream LLC — Black Creek Compressor Facility, page 8
17. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5,
C.R.S.) shall be stored and removed for final disposal in a manner that protects against surface and
groundwater contamination. (Department of Public Health and Environment)
18. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes
specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities
Act, 30-20-100.5, C.R.S. (Department of Public Health and Environment)
19. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, blowing
debris, and other potential nuisance conditions. The facility shall operate in accordance with Chapter 14,
Article 1 of the Weld County Code. (Department of Public Health and Environment)
20. Fugitive dust should attempt to be confined on the property. Uses on the property should comply with the
Colorado Air Quality Commission's air quality regulations. (Department of Public Health and Environment)
21. The applicant shall submit an Air Pollution Emission Notice (A.P.E.N.) and Emissions Permit Application
and obtain a permit from the Air Pollution Control Division, Colorado Department of Public Health and
Environment, as applicable. (Department of Public Health and Environment)
22. Adequate drinking, handwashing and toilet facilities shall be provided for employees and patrons of the
facility, at all times. As employees or contractors are on site for less than 2 consecutive hours a day
portable toilets and bottled water are acceptable. Records of maintenance and proper disposal for
portable toilets shall be retained on a quarterly basis and available for review by the Weld County
Department of Public Health and Environment. Portable toilets shall be serviced by a cleaner licensed in
Weld County and shall contain hand sanitizers. (Department of Public Health and Environment)
23. All potentially hazardous chemicals must be handled in a safe manner in accordance with product
labeling. All chemicals must be stored secure, on an impervious surface, and in accordance with
manufacturer's recommendations. (Department of Public Health and Environment)
24. Secondary containment shall be constructed around tanks to provide containment for the largest single
tank and sufficient freeboard to contain precipitation. Secondary containment shall be sufficiently
impervious to contain any spilled or released material. Secondary containment devices shall be inspected
at regular intervals and maintained in good condition. All secondary containment will comply with the
Colorado Oil and Gas Conservation (COGCC) Commission Rule 604 and/or the provisions of the State
Underground and Above Ground Storage Tank Regulations. (Department of Public Health and
Environment)
25. The facility shall be constructed and operated to ensure that contamination of soil and groundwater does
not occur. (Department of Public Health and Environment)
26. Any contaminated soils on the facility shall be removed, treated or disposed of in accordance with all
applicable rules and regulations. All spills will be reported to local, state and federal agencies in
accordance with all state and federal regulations. (Department of Public Health and Environment)
27. The facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone as
delineated in 25-12-103 C.R.S. (Department of Public Health and Environment)
28. The applicant shall obtain a Colorado Discharge Permit System or CDPS permit from the Colorado
Department of Public Health and Environment (CDPHE), Water Quality Control Division, if applicable.
(Department of Public Health and Environment)
29. A Spill Prevention, Control and Countermeasure Plan, prepared in accordance with the applicable
provisions of 40 CFR, Part 112, shall be available on site or as applicable. (Department of Public Health
and Environment)
USR18-0114 Cureton Midstream LLC — Black Creek Compressor Facility, page 9
30. The facility shall notify the County of any revocation and/or suspension of any State issued permit.
(Department of Public Health and Environment)
31. The applicant shall notify the County upon receipt of any compliance advisory or other notice of non-
compliance of a State issues permit, and of the outcome or disposition of any such compliance advisory or
other notice of non-compliance. (Department of Public Health and Environment)
32. The operation shall comply with all applicable rules and regulations of State and Federal agencies and the
Weld County Code. (Department of Public Health and Environment)
33. Sources of light shall be shielded so that beams or rays of light will not shine directly onto adjacent
properties. Sources of light should not cause a nuisance or interfere with the use on the adjacent
properties in accordance with the map. Neither the direct, nor reflected, light from any light source may
create a traffic hazard to operators of motor vehicles on public or private streets. No colored lights may be
used which may be confused with, or construed as, traffic control devices. (Department of Planning
Services)
34. Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County-
wide Road Impact Fee, County Facility Fee and Drainage Impact Fee Programs. (Department of Planning)
35. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
36. Necessary personnel from the Weld County Departments of Planning Services, Public Works, and Public
Health and Environment shall be granted access onto the property at any reasonable time in order to
ensure the activities carried out on the property comply with the Conditions of Approval and Development
Standards stated herein and all applicable Weld County regulations.
37. The Use by Special Review area shall be limited to the plans shown hereon and governed by the
foregoing standards and all applicable Weld County regulations. Substantial changes from the plans or
Development Standards, as shown or stated, shall require the approval of an amendment of the Permit by
the Weld County Board of County Commissioners before such changes from the plans or Development
Standards are permitted. Any other changes shall be filed in the office of the Department of Planning
Services.
38. The property owner or operator shall be responsible for complying with all of the foregoing Development
Standards. Noncompliance with any of the foregoing Development Standards may be reason for
revocation of the Permit by the Board of County Commissioners.
39. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of the most
abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas, and coal.
Under title 34 of the Colorado Revised Statutes, minerals are vital resources because (a) the state's
commercial mineral deposits are essential to the state's economy; (b) the populous counties of the state
face a critical shortage of such deposits; and (c) such deposits should be extracted according to a rational
plan, calculated to avoid waste of such deposits and cause the least practicable disruption of the ecology
and quality of life of the citizens of the populous counties of the state.
Mineral resource locations are widespread throughout the County and person moving into these areas
must recognize the various impacts associated with this development. Often times, mineral resource sites
are fixed to their geographical and geophysical locations. Moreover, these resources are protected
property rights and mineral owners should be afforded the opportunity to extract the mineral resource.
40. WELD COUNTY'S RIGHT TO FARM STATEMENT: Weld County is one of the most productive
agricultural counties in the United States, typically ranking in the top ten counties in the country in total
market value of agricultural products sold. The rural areas of Weld County may be open and spacious,
but they are intensively used for agriculture. Persons moving into a rural area must recognize and accept
USR18-0114 Cureton Midstream LLC — Black Creek Compressor Facility, page 10
there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of
services than in town. Along with the drawbacks come the incentives which attract urban dwellers to
relocate to rural areas: open views, spaciousness, wildlife, lack of city noise and congestion, and the rural
atmosphere and way of life. Without neighboring farms, those features which attract urban dwellers to
rural Weld County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural activities
will generate off -site impacts, including noise from tractors and equipment; slow -moving farm vehicles on
rural roads; dust from animal pens, field work, harvest and gravel roads; odor from animal confinement,
silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping activities;
shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in the fields,
including the use of aerial spraying. It is common practice for agricultural producers to utilize an
accumulation of agricultural machinery and supplies to assist in their agricultural operations. A
concentration of miscellaneous agricultural materials often produces a visual disparity between rural and
urban areas of the County. Section 35-3.5-102, C.R.S., provides that an agricultural operation shall not be
found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs
methods or practices that are commonly or reasonably associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to assume
that ditches and reservoirs may simply be moved "out of the way" of residential development. When
moving to the County, property owners and residents must realize they cannot take water from irrigation
ditches, lakes, or other structures, unless they have an adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the
size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state and
county roads outside of municipalities. The sheer magnitude of the area to be served stretches available
resources. Law enforcement is based on responses to complaints more than on patrols of the County,
and the distances which must be traveled may delay all emergency responses, including law enforcement,
ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and
families to respond to emergencies. County gravel roads, no matter how often they are bladed, will not
provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads
from subdivisions to arterials may not be cleared for several days after a major snowstorm. Services in
rural areas, in many cases, will not be equivalent to municipal services. Rural dwellers must, by
necessity, be more self-sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban setting. Farm
equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center
pivot operations, high speed traffic, sandburs, puncture vines, territorial farm dogs and livestock, and open
burning present real threats. Controlling children's activities is important, not only for their safety, but also
for the protection of the farmer's livelihood.
USR18-0114 Cureton Midstream LLC — Black Creek Compressor Facility, page 11
January 09, 2019
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: kogle@weldgov.com
PHONE: (970) 400-3549
FAX: (970) 304-6498
JOHNSON ANNE
1560 BROADWAY STE 1400
DENVER CO 80202
Subject: USR18-0114 - A Site Specific Development Plan and a Special Review Permit for Mineral
Resource Development Facilities including Oil and Gas Support and Service including (Four (4) gas
compressors and related equipment), and up to four (4) construction office trailers and six (6) conex
containers for use during the construction of the facility in the A (Agricultural) Zone
On parcel(s) of land described as:
ALL OF SECTION 9, T3N, R62W of the 6th P.M., Weld County, Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on February 19, 2019, at 12:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on March 6, 2019 at
10:00 a.m. Both hearings will be held in the Hearing Room, Weld County Administration Building, 1150
O Street, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to
answer any questions the Planning Commission members or Board of County Commissioners may
have.
Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of
all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the Weld
County Planning Department with written certification indicating the above requirement has been met.
A representative from the Department of Planning Services will be out to the property a minimum of ten
days prior to the hearing to post a sign adjacent to and visible from a publicly maintained road
right-of-way which identifies the hearing time, date, and location. In the event the property is not
adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place
on the property and a second sign posted at the point at which the driveway (access drive) intersects a
publicly maintained road right-of-way.
The Department of Planning Services' staff will make a recommendation concerning this application to
the Weld County Planning Commission and will be included in the staff report one week prior to the
scheduled Planning Commission hearing. You may view the staff report at
www.weldcountyplanningcases.orq
If you have any questions concerning this matter, please call.
Respectfully,
Kim Og
Planner
November 16, 2018
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: kogle@weldgov.com
PHONE: (970) 400-3549
FAX: (970) 304-6498
JOHNSON ANNE
1560 BROADWAY, STE 1400
DENVER CO 80202
Subject: USR18-0114 - A Site Specific Development Plan and a Special Review Permit for Mineral
Resource Development Facilities including Oil and Gas Support and Service including (Four (4) gas
compressors and related equipment), up to four (4) construction office trailers and six (6) conex
containers for use during the construction of the facility in the A (Agricultural) Zone
On parcel(s) of land described as:
ALL OF SECTION 9, T3N, R62W of the 6th P.M., Weld County, Colorado.
Dear Applicants:
Your application and related materials for the request described above are complete and in order at this
time. I will schedule a meeting with you at the end of the review period to discuss the referral
comments received by our office.
If you have any questions concerning this matter, please call.
Respectfully,
Kim O
Planner
FIELD CHECK USR18-0114
Inspection Date: November 29, 2018
Black Mountain Land Company, LP
c/o Cureton Midstream LLC
Zoning
Land Use
N
A (Agricultural)
N
Dryland Agriculture w Oil and Gas Encumbrances
E
A (Agricultural)
E
Dryland Agriculture w Oil and Gas Encumbrances
S
A (Agricultural)
S
Dryland Agriculture w Oil and Gas Encumbrances and
local line feed electrical line on single wood poles
W
A (Agricultural)
W
Dryland Agriculture w Oil and Gas Encumbrances
The site is remote and is located within the Lost Creek Ranch holdings. Access is from County Road 386
onto a graveled and graded ranch access road that also serves as an access for two residential units
within the ranch property. The topography has a slight roll and is predominately dryland with little to no
cover. Soils are sandy, and areas that have been revegetated have little new growth. There is a local
overhead electrical line to the south of the leased area. To gain access to the leased area, a new road will
be constructed that is located where the pipeline intersects the internal ranch road.
Visual inspection did not locate a residence in any direction. This site is remote.
Kim Ogle, Planner
Hello